Environment - Flood-Related Watershed Studies and Comprehensive Flood Management Grant Program

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb0257*

HOUSE BILL 257
M3 6lr0066
(PRE–FILED) CF 6lr0065
By: Chair, Environment and Transportation Committee (By Request –
Departmental – Environment)
Requested: October 30, 2025
Introduced and read first time: January 14, 2026
Assigned to: Environment and Transportation

A BILL ENTITLED

AN ACT concerning 1

Environment – Flood–Related Watershed Studies and Comprehensive Flood 2
Management Grant Program 3

FOR the purpose of requiring, by a certain date and with a certain frequency thereafter 4
and after consultation with certain subdivisions and State agencies, the Department 5
of the Environment to designate priority watersheds in a certain manner for the 6
purpose of requiring subdivisions to conduct flood –related watershed studies; 7
requiring a subdivision that contains a designated priority watershed to conduct a 8
flood–related watershed study in a certain manner and submit the study to the 9
Department for review and approval; clarifying the authority of the Department to 10
use the comprehensive flood management program to provide grants to subdivisions 11
to assist with completion of flood–related watershed studies; altering and specifying 12
certain limits on grant amou nts that may be awarded by the Department from the 13
comprehensive flood management grant program; and generally relating to 14
flood–related watershed studies and the comprehensive flood management grant 15
program. 16

BY repealing and reenacting, with amendments, 17
Article – Environment 18
Section 5–801 through 5–803 19
Annotated Code of Maryland 20
(2013 Replacement Volume and 2025 Supplement) 21

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
That the Laws of Maryland read as follows: 23

Article – Environment 24

5–801. 25
2 HOUSE BILL 257

(a) In this subtitle the following terms have the meanings indicated. 1

(b) “Area of nontidal inundation” means an area within the State [which] THAT 2
is subject to inundation caused predominately by accumulated surface runoff or exces s 3
rainfall runoff, or both. 4

(c) “Area of tidal inundation” means an area within the State [which] THAT is 5
subject to inundation caused predominately by tides or wind–driven waters, or both. 6

(d) “Department” means the Department of the Environment. 7

(e) “Federal flood insurance program” means the program established by the 8
National Flood Insurance Act of 1968, as amended. 9

(f) “Flood hazard area” means an area of tidal or nontidal inundation resulting 10
from a 100 –year flood event and established [pursuant to the provisions of ] IN 11
ACCORDANCE WITH § 5–803 of this subtitle. 12

(g) “100–year flood event” or “100–year flood” means a flood that has a 1% chance 13
of being equalled or exceeded in any given year. 14

(h) “Secretary” means the Secretary of the Environment. 15

(i) “Subdivision” means: 16

(1) Any county, including Baltimore City; and 17

(2) Any incorporated municipality [which] THAT has the authority to 18
adopt and enforce land use and control measures for the areas within its jurisdiction. 19

5–802. 20

(a) The General Assembly finds and declares that: 21

(1) Recurrent flooding [of a portion] of the State’s land resources [causes] 22
CAN CAUSE loss of life, damage to property, disruption of commerce and governmental 23
services, and unsanitary conditions, all of wh ich are detrimental to the health, safety, 24
welfare, and property of the occupants of flood hazard areas of the State; 25

(2) Considerable public costs are incurred through the emergency 26
preparedness program and by replacing public utilities and other publi c capital 27
investments destroyed or damaged by floods; 28

(3) Flood waters disregard jurisdictional boundaries; and 29

HOUSE BILL 257 3

(4) The public interest necessitates management of waters and flood 1
hazard areas for the objectives of preventing and alleviating flood threats to life and health, 2
reducing private and public economic losses, and to the extent possible, preserving the 3
biological values associated with these land and water resources. 4

(b) The policy and purposes of this subtitle are: 5

(1) To assist in the guidance of development to minimize the impacts of 6
flooding, INCLUDING MANAGING STORMWATER AND PROTECTING WATER QUALITY; 7

(2) To provide State guidelines and technical assistance to [local 8
governments] SUBDIVISIONS in THE DEVELOPMENT OF F LOOD–RELATED 9
WATERSHED STUDIES AND management of flood hazard areas; 10

(3) To provide for comprehensive watershed AND FLOOD management; 11

(4) To facilitate THE implementation of projects for flood [control] 12
MANAGEMENT; 13

(5) To encourage and provide for [local governmental units ] 14
SUBDIVISIONS to manage flood–prone lands in a comprehensive manner; 15

(6) To provide for the biological and environmental quality of the 16
watersheds of the State; and 17

(7) To establish a grant program to assist [local jurisdictions ] 18
SUBDIVISIONS with: 19

(i) COMPLETION OF FLOOD–RELATED WATERSHED STUDIES IN 20
ACCORDANCE WITH § 5–803 OF THIS SUBTITLE; 21

(II) Implementation of those capital projects included [within the 22
comprehensive] IN COMPREHENSIVE flood management plans [which] THAT are adopted 23
and approved in accordance with this subtitle; and 24

[(ii)] (III) Infrastructure repairs, watershed restoration, and 25
emergency protection work associated with a flood event. 26

5–803. 27

(a) (1) By January 1, [1982] 2028, AND EVERY 5 YEARS THEREAFTER, the 28
Department, after consultation with and consideration of recommendations submitted by 29
subdivisions [and], the Department of Agriculture , THE DEPARTMENT OF NATURAL 30
RESOURCES, THE MARYLAND DEPARTMENT OF EMERGENCY MANAGEMENT, and 31
the Department of Planning, shall designate [a priority list of watersheds ] PRIORITY 32
4 HOUSE BILL 257

WATERSHEDS for the purpose of [flood control planning and management and establish a 1
schedule for completion of these studies of these watersheds] REQUIRING SUBDIVISIONS 2
TO CONDUCT FLOOD –RELATED WATERSHED STU DIES IN ACCORDANCE W ITH THIS 3
SECTION. 4

(2) IN DESIGNATING PRIORI TY WATERSHEDS UNDER THIS 5
SUBSECTION, THE DEPARTMENT SHALL GIVE PRIORITY CONSIDERATI ON TO 6
WATERSHEDS WITH A DE MONSTRATED HISTORY O F OR SIGNIFICANT POT ENTIAL 7
FOR FLOOD–RELATED IMPACTS. 8

(b) (1) [The Department, in cooperation with the subdivisions and the 9
Department of Agriculture and the Department of Planning, shall conduct studies of the 10
watersheds designated pursuant to subsection (a) of this section which shall define at least: 11

(i) The existing magnitude and frequency of flood events; 12

(ii) The magnitude and frequency of flood events based on planned 13
development; and 14

(iii) Alternative management techniques according to their 15
effectiveness in controlling floods and minimizing flood damage. 16

(2) The studies shall address at least the 100 –year flood event] SUBJECT 17
TO THE AVAILABILITY OF FUNDING AND CONSI STENT WITH GUIDELINE S 18
ESTABLISHED BY THE DEPARTMENT, A SUBDIVISION THAT C ONTAINS A 19
DESIGNATED PRIORITY WATERSHED SHALL: 20

(I) CONDUCT A FLOOD–RELATED WATERSHED STUDY; 21

(II) ESTABLISH A SCHEDULE FOR THE COMPLETION OF THE 22
STUDY; AND 23

(III) ESTABLISH A SCHEDULE TO REGULARLY UPDATE THE 24
MODEL DATA, ASSUMPTIONS, QUALITY ASSURANCE, AND QUALITY CONTROL OF THE 25
STUDY. 26

(2) A FLOOD–RELATED WATERSHED ST UDY REQUIRED UNDER 27
PARAGRAPH (1)(I) OF THIS SUBSECTION SHALL: 28

(I) DEFINE THE AREA OF IN UNDATION DURING A 10–, 25–, 29
100–, 500–, AND 1,000–YEAR FREQUENCY FLOOD EVENT, BOTH CURRENTLY AND 30
UNDER FUTURE SCENARIOS OF DEVELOPMENT AND ENVIRONMENTAL CONDITIONS; 31

HOUSE BILL 257 5

(II) DESCRIBE THE MAGNITUD E OF IMPACT FOR EACH FLOOD 1
EVENT IDENTIFIED UNDE R SUBPARAGRAPH (I) OF THIS PARAGRAPH , INCLUDING 2
THE IMPACT TO: 3

1. ALL EXISTING STRUCTUR ES, ROADS, AND 4
SUBDIVISION STORMWAT ER MANAGEMENT SYSTEM S UNDER EXISTING 5
DEVELOPMENT CONDITIONS; 6

2. ALL EXISTING STRUCTUR ES, ROADS, AND 7
SUBDIVISION STORMWATER M ANAGEMENT SYSTEMS UN DER PLANNED 8
DEVELOPMENT CONDITIONS; AND 9

3. EXISTING STRUCTURES , ROADS, AND SUBDIVISION 10
STORMWATER MANAGEMEN T SYSTEMS UNDER FUTU RE PRECIPITATION 11
CONDITIONS AND SEA LEVEL RISE PROJECTIONS; AND 12

(III) DESCRIBE THE FLOOD REDUCTION POTENTIAL OF VARIOUS 13
ALTERNATIVE MANAGEME NT TECHNIQUES AND PR OJECTS, INCLUDING A 14
PRIORITIZED LIST OF ALTERNATIVE MANAGEME NT TECHNIQUES ACCORD ING TO 15
THE EFFECTIVENESS OF EACH TECHNIQUE IN CONTROLLING THE IMPACT FOR EACH 16
FLOOD EVENT IDENTIFIED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. 17

(3) [By mutual agreement, the Department may delegate the 18
responsibility for carrying out all or part of the studies of priority watersheds to the 19
appropriate subdivisions ] AS PART OF A FLOOD –RELATED WATERS HED STUDY 20
CONDUCTED UNDER THIS SUBSECTION, A SUBDIVISION SHALL: 21

(I) IN ACCORDANCE WITH CR ITERIA DEVELOPED BY THE 22
DEPARTMENT AND FOR EACH FLOOD EVENT IDENTIFIED UNDER PARAGRAPH (2)(I) 23
OF THIS SUBSECTION, DELINEATE THE AREA OF TIDAL AND NONTIDAL INUNDATION 24
ON GEOGRAPHIC INFORMATION SYSTEM (GIS) MAPS; AND 25

(II) SUBMIT THE MAPS TO THE DEPARTMENT FOR REVIEW AND 26
APPROVAL. 27

(4) IN ACCORDANCE WITH TH E SCHEDULE ESTABLISH ED BY A 28
SUBDIVISION UNDER PARAGRAPH (1) OF THIS SUBSECTION, A SUBDIVISION SHALL 29
SUBMIT A FLOOD–RELATED WATERSHED STUDY, AND ANY UPDATES TO THAT STUDY 30
APPROVED BY THE SUBD IVISION, TO THE DEPARTMENT FOR REVIEW AND 31
APPROVAL. 32

(c) [As a part of the study undertaken under subsection (b) of this section, the 33
Department shall delineate the flood ha zard areas on maps showing areas of tidal and 34
nontidal inundation. 35
6 HOUSE BILL 257

(d)] (1) [By July 1, 1990 each subdivision, in cooperation with the Departments 1
of the Environment and Agriculture, the Department of Planning, and other appropriate 2
State agencies, shall prepare a flood management plan based upon an evaluation of 3
alternative management techniques and other findings included in studies conducted 4
under subsection (b) of this section ] BY JANUARY 1, 2028, THE DEPARTMENT, IN 5
CONSULTATION WITH TH E DEPARTMENT OF AGRICULTURE, THE MARYLAND 6
DEPARTMENT OF EMERGENCY MANAGEMENT, THE DEPARTMENT OF NATURAL 7
RESOURCES, AND THE DEPARTMENT OF PLANNING, SHALL DEVELOP AND PUBLISH 8
GUIDELINES TO ASSIST SUBDIVISIONS IN: 9

(I) CONDUCTING THE FLOOD –RELATED WATERSHED ST UDIES 10
REQUIRED UNDER THIS SECTION; AND 11

(II) PREPARING THE GIS MAPS REQUIRED UNDER THIS 12
SECTION. 13

(2) Each COMPREHENSIVE flood management plan shall be consistent 14
with the purposes and provisions of this subtitle. 15

[(2)] (3) Management techniques may include: 16

(i) Flood control dams; 17

(ii) Levees and dikes; 18

(iii) Stormwater detention or retention structures; 19

(iv) Public acquisition; 20

(v) Flood proofing; 21

(vi) Storm drain and stream maintenance; 22

(vii) Tax adjustment policies; 23

(viii) Subdivision, zoning, and related ordinances; and 24

(ix) Other practical methods. 25

[(3)] (4) Management techniques shall include flood warning systems. 26

[(e)] (D) (1) (I) In any interjurisdictional watershed, those portions of the 27
COMPREHENSIVE flood management plans of the subdivisions relating to the watershed 28
shall be subject to review and approval by the Department as one plan. 29
HOUSE BILL 257 7

(II) Any comprehensive flood management plan [which] THAT 1
includes a project for which grant funds are requested under this section is subject to review 2
and approval by the Department. 3

(III) 1. If a plan is disapproved, the Secretary shall set forth in 4
writing the reason for disapproval. 5

2. Disapproval of a plan shall be based only on flood 6
management considerations. 7

(2) A SUBDIVISION COMPLETI NG A COMPREHENSIVE 8
FLOOD–RELATED WATERSHED STUDY FOR AN INTERJURI SDICTIONAL WATERSHED 9
SHALL: 10

(I) INCLUDE WATERSHED –BASED COLLABORATION AMONG 11
SUBDIVISIONS; AND 12

(II) CONSULT WITH STATE AGENCIES, AS APPROPRIATE. 13

[(f)] (E) The Department and the subdivisions shall coordinate activities under 14
this section, INCLUDING THOSE ACTIVITIES IN INTERJURISDICTIONAL WATERSHEDS, 15
with all related programs, including the national flood insurance program, the STATE’S 16
sediment control program, and the [State water pollution control and abatement programs] 17
STATE’S STORMWATER MANAGEMENT PROGRAM. 18

[(g)] (F) (1) (I) Each subdivision shall implement the COMPREHENSIVE 19
flood management plan for its watershed. 20

(II) 1. If a subdivision so elects, the Department, in consultation 21
with the subdivision, shall prepare the regulations to implement the COMPREHENSIVE 22
flood management plan. 23

2. The subdivision shall adopt [these] THE regulations 24
PREPARED BY THE DEPARTMENT UN DER SUBSUBPARAGRAPH 1 OF THIS 25
SUBPARAGRAPH. 26

(III) 1. If a municipality elects and the county agrees, the county, 27
in consultation with the municipality, shall prepare the regulations TO IMPLEMENT THE 28
COMPREHENSIVE FLOOD MANAGEMENT PLAN. 29

2. If the county does not agree TO PREPARE REGULATIONS 30
UNDER SUBSUBPARAGRAP H 1 OF THIS SUBPARAGRAPH , the Department, in 31
consultation with the municipality, shall prepare, if requested, the regulations. 32

8 HOUSE BILL 257

3. The municipality shall adopt the regulations prepared for 1
the municipality UNDER THIS SUBPARAGRAPH. 2

(IV) Implementation of the COMPREHENSIVE flood management 3
plans shall begin within 1 year after they are completed. 4

(2) (i) 1. Baltimore City and Baltimore County shall include in the 5
COMPREHENSIVE flood management plan for the Jones Falls watershed and adopt 6
regulations [prohibiting]: 7

A. PROHIBITING any person from erecting any new 8
residential structure or any substantial residential structural changes [which] THAT would 9
constitute any amount of encroachment into the 100–year floodplain of the nontidal Jones 10
Falls[,]; and [requiring] 11

B. REQUIRING all new nonresidential structures or 12
improvements, except flood control projects, to be elevated above the 100 –year flood 13
elevation. [However, these] 14

2. THE restrictions UNDER SUBSUBPARAGRAP H 1 OF 15
THIS SUBPARAGRAPH may be construed not to apply to any public works project of 16
Baltimore City, Baltimore County, or the State; 17

(ii) In issuing any manner of permit or approval to any person to 18
modify or renovate any existing structure or to modify the use of any open land area in the 19
100–year floodplain of the nontidal Jones Falls, Baltimore City or Baltimore County , AS 20
APPLICABLE, shall impose conditions to require that risk of injury to persons or property 21
shall be minimized to the greatest extent practicable. 22

[(h)] (G) (1) There is a comprehensive flood management grant program 23
within the Department. 24

(2) (i) Subject to the approval of the Board of Public Works, the 25
Department may use proceeds from the State debt created to fund the comprehensive flood 26
management grant program to pay the entire cost OR A PORTION OF THE COST of 27
FLOOD–RELATED watershed studies [pursuant to] CONDUCTED IN ACCORDANCE WITH 28
subsection (b) of this section. 29

(ii) The Department may provide grants to subdivisions to pay the 30
entire cost OR A PORTION OF THE COST of CONDUCTING FLOOD–RELATED watershed 31
studies when the Department [delegates that responsibility pursuant to subsection (b) of] 32
DESIGNATES A WATERSHED FOR STUDY IN ACCORDANCE WITH this section. 33

(3) (i) Subject to the approval of the Board of Public Works, the 34
Department may provide grants to subdivisions for flood control and watershed 35
HOUSE BILL 257 9

management capital projects, and for the capital costs related to design, purchase, and 1
installation of automated flood warning projects, provided that the projects are consistent 2
with the plans and implementation prepared and adopted in accordance with this subtitle, 3
and provided further that each project: 4

1. Is undertaken as part of a comprehensive flood 5
management plan prepared and adopted by the subdivision; and 6

2. Is [not inconsistent ] CONSISTENT with any State or 7
interjurisdictional flood management plan. 8

(ii) Grants for automated flood warnings projects shall be 9
conditioned to require all affected local governing bodies to: 10

1. Adopt a specific and compatible response plan [which] 11
THAT has been coordinated with local emergency management authorities and reviewed 12
and approved by the Department and the Maryland Department of Emergency 13
Management; and 14

2. Provide for financial and other commitments to properly 15
operate and maintain the project. 16

(iii) 1. The amount of any grant made by the Department for a 17
flood control and watershed management capital project that involves only nonfederal 18
funds and meets the criteria of this subtitle shall be matched by a minimum amount of 25% 19
of project costs in [local government] SUBDIVISION or private funds. 20

2. For a flood control and watershed management capital 21
project that involves federal funding and meets the criteria of this subtitle: 22

A. The Department may provide up to 50% of the nonfederal 23
share of the project funding; and 24

B. [Local government] SUBDIVISION or private funds shall 25
provide not less than 50% of the nonfederal share of the project funding. 26

(iv) Each project application for a grant under this paragr aph shall 27
be submitted to and reviewed by the State clearinghouse of the Department of Planning in 28
accordance with established clearinghouse procedures. 29

(4) (i) Subject to the approval of the Board of Public Works, the 30
Department may provide grants to subdivisions immediately after a flood for acquisition of 31
any flood damaged owner–occupied dwelling. 32

10 HOUSE BILL 257

(ii) Total expenditures for grants made under this paragraph may 1
not exceed [50%] 25% of the total authorized budgeted funds in a fiscal year for grants 2
under this subsection. 3

(5) [(i) The Department may award grants to subdivisions that have 4
incurred at least $ 1,000,000 in infrastructure damage caused by a flood event that occurred 5
on or after January 1, 2009. 6

(ii)] The total amount of grants awarded by the Department to 7
subdivisions FOR CONDUCTING FLOOD –RELATED WATERSHED ST UDIES under this 8
[paragraph] SECTION may[: 9

1. For fiscal years 2020, 2021, and 2022, equal up to 100% of 10
the total amount of money appropriated to the comprehensive flood management program; 11
and 12

2. For], FOR fiscal year [2023] 2029 and each fiscal year 13
thereafter, equal up to [50%] 5% of the total amount of money appropriated to the 14
comprehensive flood management program. 15

[(iii) A grant awarded to a subdivision under this paragraph may be: 16

1. For an amount of up to 50% of the combined cost of 17
infrastructure repairs, watershed restoration, and emergency work associated with the 18
flood event; 19

2. Used for infrastructure repairs, watershed manage ment, 20
or emergency protection work associated with the flood event; and 21

3. Used for expenses associated with item 2 of this 22
subparagraph that the subdivision has already incurred. 23

(iv) The Department shall prioritize awarding grants under this 24
paragraph to subdivisions in which: 25

1. Infrastructure damage occurred in an area designated by 26
the Maryland Historical Trust as an historic district; or 27

2. Infrastructure damage caused by a flood event has 28
occurred more than once within the previous 5 years.] 29

(6) To receive a grant, the subdivision must participate in the national 30
flood insurance program. 31

(7) Before awarding a grant under paragraphs (2), (3), or (4) of this 32
subsection, the Department, in cooperation with the Department of Planning, shall review 33
HOUSE BILL 257 11

the flood control and watershed management operations of the applicant subdivision to 1
assure that the flood control and watershed management operations are in compliance with 2
this subtitle. 3

(8) (i) For fiscal year 2026 and each fiscal year thereafter, the Governor 4
may include in the annual State budget an appropriation for the comprehensive flood 5
management grant program of up to $20,000,000. 6

(ii) For fiscal year 2026 and each fiscal year thereafter, at least 40% 7
of funding provided under the comprehensive flood management grant program shall be 8
used for projects located in or directly benefiting underserved or overburdened 9
communities, as defined in § 1–701 of this article. 10

(iii) Funds not awarded from the comprehensive flood management 11
grant program by the end of a fiscal year: 12

1. Shall remain in the program; and 13

2. Are not subject to § 7 –302 of the State Finance and 14
Procurement Article. 15

(9) (i) The Department, in consultation with the Department of 16
Planning, shall adopt regulations necessary for the administration of the grant program. 17

(ii) These regulations may include: 18

1. A determination of statewide and interjurisdictional needs 19
and priorities; 20

2. Standards of eligibility for applicants and projects; 21

3. Criteria for recognition of tidal and nontidal areas; 22

4. Engineering and economic standards and alternatives; 23
and 24

5. Procedures for filing and processing contents of 25
applications. 26

SECTION 2. AND BE IT FURTHER ENACTED, That: 27

(a) The Maryland Department of Emergency Management, in coordination with 28
the Department of the Environment, the Department of Planning, and the Department of 29
Natural Resources, shall: 30

(1) evaluate natural hazard –specific State –level plan requirements for 31
local governments; and 32
12 HOUSE BILL 257

(2) make recommendations on the potential to reduce duplication and 1
streamline local hazard–planning requirements. 2

(b) On or before December 1, 2026, the Maryla nd Department of Emergency 3
Management shall report its recommendations under subsection (a)(2) of this section to the 4
Governor and, in accordance with § 2 –1257 of the State Government Article, the General 5
Assembly. 6

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1, 2026. 8